Md. Code Regs. 10.60.04.12

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.60.04.12 - Fines

A. This regulation establishes the standards by which the Board may impose a fine not exceeding $5,000.

B. After a hearing under Health Occupations Article, §21-313, Annotated Code of Maryland, and COMAR 10.60.04, the Board may impose a fine, in addition to, or instead of:

(1) Reprimanding a licensee;

(2) Placing a licensee on probation; or

(3) Suspending or revoking a license.

C. In determining whether to impose a fine and the amount of the fine, the Board shall consider the following factors:

(1) The cost of investigating and prosecuting the case against the individual;

(2) The extent of actual or potential public harm caused by the violation;

(3) The extent to which the individual derived a financial benefit from the violation;

(4) The history of a previous violation or violations;

(5) The willfulness of the improper conduct; and

(6) Mitigating factors as presented by the licensee.

D. An individual shall pay the fine to the Board under the terms of the Board's order.

E. The Board shall pay all monies collected under this chapter to the General Fund of the State.

F. Unless the Board's order provides otherwise, if an individual fails to pay, in whole or in part, a fine imposed by the Board, the Board may not restore, reinstate, or renew the license of the individual until the individual pays the fine in full.

G. The Board may refer all cases of delinquent payment to the Central Collection Unit of the Department of Budget and Management to institute and maintain proceedings and ensure prompt payment.

Md. Code Regs. 10.60.04.12

Regulations .12 adopted as an emergency provision effective January 3, 2013 (40:6 Md. R. 469); adopted permanently effective April 15, 2013 (40:7 Md. R. 612); recodified from .11 effective 44:5 Md. R. 294, eff. 3/13/2017